No. ______======

In The Supreme Court of the United States ------♦ ------

MILADIS SALGADO, Applicant,

v.

UNITED STATES OF AMERICA, Respondent.

------♦ ------APPLICATION FOR EXTENSION OF TIME TO FILE PETITION FOR WRIT OF CERTIORARI ------♦ ------

To the Honorable Associate Justice of the United States Supreme Court and Circuit Justice for the Eleventh Circuit

JUSTIN M. PEARSON* DANIEL L. ALBAN INSTITUTE FOR JUSTICE INSTITUTE FOR JUSTICE 2 S. Biscayne Boulevard, Suite 3180 901 N. Glebe Road, Suite 900 Miami, FL 33131 Arlington, VA 22203 Tel: (305) 721-1600 Tel: (703) 682-9320 [email protected] [email protected]

*Counsel of Record

Counsel for Applicant/Petitioner ======

To the Honorable Clarence Thomas, Associate Justice for the United

States Supreme Court and Circuit Justice for the Eleventh Circuit:

Petitioner Miladis Salgado respectfully requests, under Supreme Court Rule

13.5, that the time to file a Petition for a Writ of Certiorari be extended for 45 days, up to and including November 21, 2019.

On July 8, 2019, the United States Court of Appeals for the Eleventh Circuit entered an opinion and judgment affirming the district court’s denial of Petitioner’s claim that she was a “substantially prevailing” party under the Civil Asset

Forfeiture Reform Act’s attorneys’ fees provision, even though she successfully

obtained the full return of the money seized from her and obtained judicial relief

preventing any future forfeiture lawsuit against the money. The Eleventh Circuit’s

opinion also affirmed the district court’s decision to enter the dismissal as a

voluntary dismissal without prejudice, instead of with prejudice, during the

summary judgment stage and approximately two years after Petitioner’s money was

seized.

The United States Supreme Court now has jurisdiction to review a Petition

for a Writ of Certiorari under 28 U.S.C. § 1254(1) and Supreme Court Rule 10. The

Petition for a Writ of Certiorari is presently due on October 7, 2019. Petitioner files

this Application at least ten days before that Date. See S. Ct. R. 13.5.

REASONS FOR GRANTING AN EXTENSION OF TIME

The time to file a Petition for a Writ of Certiorari should be extended for 45

days for the following reasons:

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1. Lead counsel for Petitioner, Justin M. Pearson, of the public interest law firm the Institute for Justice, was recently retained by Petitioner. Neither

Attorney Pearson nor the Institute was involved in this litigation at the district or circuit courts.

2. Although Attorney Pearson and the Institute have substantial experience with the Civil Asset Forfeiture Reform Act’s provision at issue in this case, an extension of time is needed to become fully immersed in this case’s record and to give the petition the time and attention the issues deserve. This is particularly true in light of pre-existing scheduling conflicts for Attorney Pearson.

In addition to Attorney Pearson’s current caseload as a public interest lawyer, these conflicts include teaching a continuing legal education class in Puerto Rico on

September 18, as well as giving talks at Duke University School of Law, the

University of North Carolina School of Law, Ave Maria School of Law, and Stetson

University College of Law, all previously scheduled for between now and the current deadline.

3. All of these prior commitments prevent Attorney Pearson from properly preparing a Petition for a Writ of Certiorari between now and October 7,

2019.

CONCLUSION

For the foregoing reasons, Petitioner respectfully requests that the time to file a Petition for a Writ of Certiorari in this matter be extended 45 days, up to and including November 21, 2019.

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Dated: September 17th, 2019

2 S. Biscayne Boulevard, Suite 3180 Miami, FL 33131 Tel: (305) 721-1600 Email: [email protected] *Counsel of Record

Daniel L. Alban INSTITUTE FOR JUSTICE 901 N. Glebe Road, Suite 900 Arlington, VA 22203 Tel: (703) 682-9320 Email: [email protected]

Counsel for Petitioner

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